And the Band Played On…

See also:
It’s the Pain Crisis… – Siobhan Reynolds, LTE: Topeka Capital-Journal; 2008-04-04
Feds Seek Gag Orders in “Pill Mill” Case – Associated Press; 2008-04-05

Every time I think this action by Siobhan Reynolds on behalf of the abandoned pain patients of Dr. Stephen Schneider can’t get any worse, on the human-suffering scale, the Fed. lashes out again, digging themselves in deeper, making themselves look dopey; not to mention the State, as Congressional Clowns pander and Medical Board members dither… The band played on.

But it is also true that it rarely gets any better than this, either. Siobhan Reynolds has made sure that we will hear both sides this time. That for once this is going to be about the pain crisis, not just -gasp!- addiction. This is real “Emperor Has No Clothes” stuff. This time it is all being reported.

Chaos! in the war on drugs. I’m loving it.

..alex…

Doctor Seeks to Quash Subpoenas on Malpractice Settlements
Roxana Hegeman; Associated Press; 2008-04-18

WICHITA, Kan. — Federal prosecutors have essentially “deputized attorneys” in their efforts to use confidential malpractice settlements to prosecute a Kansas physician accused of illegally prescribing medication, defense attorneys said in documents filed Friday.

Attorneys for Dr. Stephen Schneider and his wife, Linda, filed a motion to quash the subpoenas seeking information about the settlements, arguing the government was circumventing the criminal discovery process through civil litigation.

The defense also contended the government abused its subpoena powers to cover up what they called malpractice attorney Larry Wall’s “blatant disregard” for confidentiality clauses.

In an e-mail, Wall told civil defense attorneys that if they did not want Assistant U.S. Attorney Tanya Treadway to have the settlement agreements they should send objections to her.

Wall did not immediately return a message left Friday at his office for comment.

The Schneiders’ criminal defense attorneys told the court that Wall sends copies of correspondence between himself and the attorneys representing the doctor in civil cases to the government.

The Schneiders were indicted in December on 34 federal counts. The indictment accuses the Haysville couple of directly causing four deaths and contributing to at least 11 others. The couple has pleaded not guilty.

The doctor’s criminal defense attorneys alleged in court papers that Wall did not plan to challenge the subpoena even though he negotiated the confidentiality clause.

“Obviously Wall’s loyalty to his clients’ confidential information is secondary to his desire to please the government,” according to the motion.

In an e-mail sent earlier this month, Wall told the doctor’s civil defense attorney he did not intend to file a motion to quash the subpoenas because he believed it was unwarranted.

“My clients do not want me to impede or to unduly delay the investigations of Dr. Schneider and Linda Schneider,” he wrote. “The agreement also states the confidentiality provision is subject to disclosure required by law and a lawful subpoena is the type of disclosure I anticipate was envisioned by myself and my clients at the time we signed the agreement.”

At least five malpractice cases were settled, according to the documents.

Siobhan Reynolds, president of the Pain Relief Network, told The Associated Press in January that she urged the doctor to not settle any more civil lawsuits because other doctors in similar malpractice cases had successfully fought them.

The AP, citing interviews and documents it obtained, reported in February that malpractice attorneys had worked closely with prosecutors to help indict the Kansas doctor and his wife.

While the malpractice attorneys contended their help wasn’t improper, the Schneiders’ supporters argued the close involvement by malpractice attorneys in civil lawsuits against the doctor tainted the federal prosecution. Reynolds contended the malpractice attorneys and their clients stand to financially gain from a criminal indictment that justifies their lawsuits.

The AP analyzed court documents filed in numerous civil lawsuits against the doctor over the past several years and found that the bulk of the death cases in the indictment were first filed as malpractice lawsuits by Wall and another malpractice attorney, Andrew Hutton.

Their findings, as set out in exhibits filed in those civil cases, are used throughout the criminal indictment – sometimes verbatim.

[END]

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